SUBHASH CHANDER Vs. ARJAN KAUR

JUDGEMENT

(1.) The question for decision in this second appeal is : What is the effect of an order passed under section 15(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") in an eviction petition if the tenant had already enjoyed the benefit under section 14(2) of the Act in the previous eviction petition ?

(2.) Briefly the facts are that the respondent-landlady filed a petition on 12th August, 1976 under section 14(l)(a) of the Act claiming eviction of the appellant on the ground that he had failed to pay arrears of rent due from him for the period from 1st April, 1975 at Rs. 43.00 per month inspite of notice of demand. After trial Shri M.A. Khan, Additional Rent Controller passed a conditional order of eviction dated 29th October, 1976 in case No. E-445 on 1976 against the appellant directing him to deposit all arrears of rent for the period from 1st April, 1975 at Rs. 43.00 per month within one month from the date of the order and in case of such deposit he would be deemed to have enjoyed the benefit under Section 14(2) of the Act and the eviction petition would stand dismissed. It is admitted by the partics that the appellant deposited arrears of rent for the period ending 31st December, 1976, within time in the previous eviction case in accordance with the order dated 29th October, 1976.

(3.) The appellant again fell into arrears with effect from 1st January, 1977. A notice of demand dated 26th August, 1977, requiring him to pay arrears of rent for the period from 1st January, 1977at the rate of Rs.43.00 per month was served upon him. He neither paid nor tendered the rent in spite of expiry of more than two months. The respondent filed another petition under Section 14(1)(a) of the Act out of which this present second appeal has arisen. The Appellant pleaded that he tendered rent for January, 1977 to the respondent who refused to accept and thereafter it was deposited under section 27 of the Act. The Controller on 5th July, 1978 passed an order under section 15(1) of the Act requiring the appellant to deposit all arrears of rent from 1st February, 1977 within one month from the date of the order and future monthly rent by the 15th of the succeeding month. It appears that the appellant complied with the said order under section 15(1) of the Act. The Additional Controller held that the appellant had already enjoyed the benefit under section 14(2) of the Act previously and he was, therefore, not entitled to enjoy again the said benefit. Accordingly an order of eviction was passed by the Additional Controller on 16th April, 1980. The Appeal filed by the appellant was dismissed by the Tribunal on I0th January, 1982 and hence this second appeal.